Polska 2030

Proposed legislation on the opening of public resources

Igor Ostrowski

PSI: Looking ahead

Polska 2030

Over 20 years passes since 4th of June 1989... …..the day Solidarity was voted into power and communism ended in Poland

In this period we managed to: reform the political system, following modern democracies, transform the economy from a centrally controlled to a based on

market mechanisms and private property, build a core of a civic society based on individual activity and

cooperation, anchor the country in the European and transatlantic structures, increase the salary buying force of Poles – 16 times, raise the number of youth getting academic education by 4 times

and increase the percentage of persons with higher education in society from 7 to 17 %,

extend life expectancy of Poles by 5 years.

2

Polska 2030

Nevertheless we still face the risk of a “development drift”

Any decisions taken today, just as any failed actions, will bear on where we will be in five to twenty years from now. Non-action can be costly because

• Without higher labour force participation rates (especially in age groups 45+ and 15-24) Polish GDP growth rate is bound to fall considerably, as the post-war baby-boom generation is about to bow out from the labour market;

• Without quality infrastructure metropolitan areas and the peripheries will face increasing limits to growth;

• Without a higher efficiency of the state, private capital investment (whether domestic or international) will not increase; without a friendly government the citizen will become a passive bystander in the process of change;

• Without a structural change in the innovation and education systems (intellectual capital) Poland will fail to offer employees capable of functioning in a knowledge-based economy;

• Without a strategic focus at the government level, Poland will fail to boost its social capital for development and an ability to cooperate towards a higher quality of life.

3

Polska 2030

Development challenges

There is a need for an agreement that Poland is facing challenges to growth requiring a universal involvement and political responsibility.

There are 10 key challenges:

HIGH AND STABLE ECONOMIC GROWTH

DEMOGRAPHY

HIGH LABOUR FORCE PARTICIPATION RATE AND HIGH LABOUR FORCE ADAPTABILITY

SOLIDARITY AND REGIONAL CONVERGENCE

IMPROVED SOCIAL COHESION

EFFICIENT STATE

SOCIAL CAPITAL GROWTH

ADEQUATE POTENTIAL OF INFRASTRUCTURE

ENERGY AND ENVIRONMENTAL SECURITY

KNOWLEDGE-BASED ECONOMY AND INTELLECTUAL CAPITAL GROWTH

4

Polska 2030

Development challenges

A strategy presenting ways to face the challenges was set out in the Poland 2030 Programme (available for download at: www.polska2030.pl)

ICT technologies are an important tool in the Programme…

…likely to make the biggest impact in development of an:EFFICIENT STATESOCIAL CAPITAL

…boosting development of a network society where groups align interest to achieve common goals

…enable us to recreate methods of consumption and development of our culture as well as science and education, paving ways to Open Access programmes

5

Polska 2030

a bit of history:implementation of the re-use Directive

• 1997 P

olish Constitution adopted; art 61 grants lists access to public information as a basic right

• 2001L

aw on access to public information is adopted

• 2003D

irective 2003/98 adopted

• 2005P

oland claims Directive already implemented, EU Commission tends to differ

• 2007-2009D

iscussions between EC and Polish government re. implementation end with commencement of

proceedings to impose a fine for non-implementation

6

Polska 2030

Implementation of the re-use Directive

•2007 F

irst draft drafted and rejected

• 2009S

econd draft prepared

• 2010N

etwork society shows its strength

Board of Strategic Advisors prepares an action plan for implementation of Open Access legislation

• 2011N

etwork society shows its strength yet again

Concept of the legislation is severely changed and adopted by the Council of Ministers

The Polish Prime Minister makes a landmark statement on Open Access

7

Polska 2030

Implementation of the re-use Directive

8

QuickTime™ and a decompressor

are needed to see this picture.

“Any piece of information created with the means of public funds is owned by the public and should be available for re-use by everyone in any manner they please” - Prime Minister Donald Tusk

Polska 2030

Implementation of the re-use Directive

Concept of the law was adopted this week

1. Access available thru several paths:

• Written application

• Public Information Bulletins (BIP) available online in over 15,000 entities

• Participation in meetings of collective bodies

• Posts

• Repositories in open catalogue formats

2. Limited reasons for rejection of access

3. Presumption of non-restricted re-use of accessible information

4. Rejection always by means of an administrative decision, subject to court appeal

5. General rule of free re-use. Fees may be applied for commercial purposes

9

Polska 2030

Open Government concept

Re-use directive

Proposed scope of the legislation

Proposed scope of the next piece of legislation

Open Access to resources is an extension of the existing PSI access mechanism

Polska 2030

The right of open access to public resources is defined as a legal right of every person to access, use and re-use any content or data in human or machine readible format, created by public entities or with public funds, without limitation or obstruction (the Right of Open Access).

Open Access to public resources will ensure greater:

• transparency• efficiency• innovation and • participation of citizens in public life (“collaboration”)

= increase of social capital and development of an efficient State (two out of ten principal challenges outlined in the Poland 2030 Report)

Proposed scope

Polska 2030

Pursuant to the Proposed Act:

a. public resources, defined as data, its compilations and interpretations (including reports and analysis) as well as any other content or work created by public agencies, and

b. other resources financed by public means in the sphere of public administration, education, science and culture (jointly the Resources) are declared as public good to be freely accesible by citizens, in human or machine readible format, without limitation or obstruction. Specific scope of the Rights of Public Access are to be outlined in executive ordinances of the Prime Minister.

Proposed scope

Polska 2030

Lightposts in the process of Resource data discovery, processing, licencing and finally publishing

• Hign Quality Data

• Open Character

• Resource availability

• Practical applicability

Assumptions

Polska 2030

• a new method of PSI access will need to be created in order to ensure delivery of the resources in line with the assumptions

• a definition of a „public document“ and „public material“ will need to be introduced into the Polish Copyright Law in order to determine the type of information and data which is not subject to copyright restrictions

• a single pattern for licensing of public works protected under Polish Copyright Law should be established. An open license format, similar to OGL established in the UK or NZGOAL established in New Zeland, may be advisable

Tools

Polska 2030

Reuse of PSI today

Polska 2030

Reuse of PSI tomorrow

Polska 2030

Reuse of PSI tomorrow

Polska 2030

Differences and similarities

Differences

• Scope of subject matter

• Range of interested parties

• Method of access

Similarities

• Exclusions: classified information, personal data, corporate priopriatary information

Polska 2030

Dillemas

1. General scope

2. Payment structure

3. Order of release

4. Scope of exclusions

• Science (finals + underlying)

• Health

• Public Procurement

• Grants

• Other types of sensible data

Polska 2030

Thank you

Igor Ostrowski

Board of Strategic Advisors

Chancellery of the Primer Minister

Warsaw, Poland

Email: igor.ostrowski@kprm.gov.pl